Thomas P. Joseph, J.

1. Petitioner is the Managing Director of I.P.Ruby Latex Pvt. Ltd. (for short, "the Company") at Mampad, near Nilambur in Malappuram District. On 06.12.2009, it is alleged, a mob trespassed into its factory and destroyed furniture in the office causing loss of around Rupees one lakh. Regarding that, a complaint was lodged with the Nilambur Police who registered Ext.P11, FIR against certain identifiable persons. While so on 07.12.2009 there was yet another attack on the said factory by certain miscreants trespassing into it, damaged the factory, equipments, etc. and caused loss of around Rs.3.5 lakhs. Again the company authorities preferred a complaint to the local police who registered Ext.P12, FIR. Since inspite of the above two incidents the local Police did not afford necessary protection to the Company, it was constrained to move this Court for police protection vide W.P.(C) No.35886 of 2009. This Court by Ext.P13, interim order dated 11.12.2009 directed the Police to afford necessary protection to the company. But, nothing was done in the matter, petitioner complains.

2. On 05.01.2010 a mob carrying deadly weapons and said to be led by one Abdul Karim who is a political leader of the locality went to a nearby factory by name 'Merdac R.K.Latex Pvt. Ltd.' and started erecting a shed in the premises of the said factory. Another group attacked the Security Guard and destroyed vehicles parked in the premises of that factory. The security staff were beaten up and the armed security staff fired in the air to disperse the violent mob. A person was shot below his knee. The mob turned violent and set fire to the factory. The factory of petitioner is situated about one kilometre away from the factory which was set fire. In between those two factories is situated another factory by name 'Velankanni Matha Rubber Products'. Petitioner, learning about the incidents which occurred in Merdac R.K.Latex Pvt. Ltd. informed respondent Nos.5 and 6, Circle Inspector and Sub Inspector of the area concerning the incidents and the possibility of factory of petitioner also being attacked by the mob. Petitioner contacted the said officers over telephone several times between 11.30 a.m. and 12 noon. But, inspite of the factory of petitioner being situated five kilometres away from the local Police Station and notwithstanding that this Court passed interim order to afford protection to the factory of petitioner, nothing was done by the Police. Petitioner informed the Police Officers that miscreants might attack his factory. He contacted the Superintendent of Police, Malappuram expressing his apprehension in the matter. Still, nothing worthwhile happened. Petitioner even contacted the Special Branch Police and intimated them about the impending attack. At about 12.05 p.m. about 50 persons attacked the factory of petitioner with iron rods, sticks and stones and some of them carried inflammable articles in cans. Certain persons had come on motor bikes carrying those cans. They set fire to the motor bikes parked in the premises of the factory of petitioner. Others in the mob attacked the factory building and set fire to the factory and store room. Ext.P19 series are the photographs of the factory which was gutted in fire.

3. The prayer in this petition is to handover investigation of the case to the Central Bureau of Investigation (for short, "the CBI"). It is stated that investigation is being conducted by respondent No.8, the Deputy Superintendent of Police, Malappuram. Petitioner contends that regarding the matter, the Government had called for a report from the Additional Director General of Police (Intelligence) and that officer had given a report (a copy of which is Ext.P23) which stated that the Malappuram Police did not take necessary action to prevent the untoward incident notwithstanding Ext.P13, order of this Court. The attack on the factory of petitioner was we